General Terms and Conditions

These terms and conditions apply to all services and agreements of Beyond Routes. The terms apply insofar as they do not conflict with mandatory law. The invalidity of one or more provisions does not affect the validity and application of the remaining provisions.

Article 1 – Definitions

Organiser: Beyond Routes, registered under Chamber of Commerce number 96144599.
Traveller: any person wishing to enter into an agreement with the Organiser relating to a Trip, and any person who has the right to travel under the agreement.
Travel service: the services forming part of the trip, such as passenger transport, car hire, accommodation and excursions.
Travel service provider: the service provider carrying out part of the Trip, such as accommodation providers, carriers, external guides, etc.
Agreement: the agreement relating to the booked Trip, including these Terms and Conditions.
In writing: in writing or by electronic means, including by e-mail.
Terms and Conditions: these general terms and conditions.
Package travel: package travel within the meaning of the law.
Trip: package travel or, if the Terms and Conditions have been declared applicable to it, a single Travel service.
Working days: Monday to Friday, excluding public holidays recognised in the Netherlands, during working hours (9am–5pm Dutch time).

Article 2 – Applicability of terms and conditions

2.1 Package travel
These Terms and Conditions apply to all package travel offered by or agreed with the Organiser. 

2.2 Travel services
These terms and conditions may also be declared applicable to Travel services that do not constitute package travel. Title 7a of Book 7 of the Dutch Civil Code, which sets out rules concerning package travel agreements, does not apply in that case. These Travel services are not covered against the Organiser’s insolvency, unless the offer expressly states which party provides cover and this follows from the guarantee or insurance terms and conditions. 

2.3 Deviating and additional terms and conditions
Deviating and additional terms and conditions must be agreed in writing and take precedence over these Terms and Conditions. 

THE BOOKING

Article 3 – Formation of the Agreement 

3.1 Content of the offer
The Trip offered includes only the services and facilities expressly described in the quotation and publications of the Organiser. Information in publications of Travel service providers does not form part of the offer, regardless of whether a link to it is included in the Organiser’s offer. The stated duration of the trip is given in whole days, with the day of departure and the day of arrival counted as whole days.

3.2 Non-binding offer
The Organiser’s offer is non-binding and may be revoked by the Organiser after acceptance until 5pm on the next Working day. 

3.3 The booking
The Agreement is formed as soon as the Traveller accepts the Organiser’s offer, subject to the availability of the Trip.

3.4 Obvious errors
Obvious errors in the offer are not binding on the Organiser. If there is reason to doubt, the Traveller should make enquiries.

3.5 Preferences
No rights may be derived from preferences communicated by the Traveller, unless the Organiser has confirmed in writing that it will meet the preference. Merely stating a preference on the travel documents and booking confirmation is insufficient for this purpose. 

3.6 Special requirements
If, when booking, the Traveller informs the Organiser of medical requirements or other compelling interests as a ‘requirement’, the Organiser will assess whether it can meet them. If the Organiser cannot or is unwilling to meet the requirements, the Agreement will not be concluded. The Organiser may change the price in connection with the stated requirements.  

3.7 Booking confirmation
After the trip has been booked and availability has been checked, the Organiser will send a booking confirmation.

3.8 Cancellation by the Traveller
A booking for the Trip is final. The Traveller has no right to cancel the Agreement.

3.9 Minors
The Traveller booking the trip must be of legal age. 

3.10 Booking for other Travellers & communication
The Traveller who books for other Travellers is jointly and severally liable for all obligations arising from this. The other Travellers are each liable for their own part. The confirmation, invoice, travel documents and all other communication will be sent only to the Traveller who makes the booking. The Traveller who books the Trip for others is obliged to provide relevant personal circumstances of those other Travellers at the time of booking. The Traveller who books the Trip for others is obliged to provide those other Travellers with these Terms and other relevant communication. The Traveller who books the trip indemnifies the Organiser against damage resulting from failure to comply with the above obligations.

INFORMATION

Article 4 - Information provided by the Organiser

4.1 Travel cost
The prices stated are in euros and apply per person, unless expressly stated otherwise.

4.2 Information provided by the Organiser when booking
At the time of booking or immediately afterwards, the Organiser will provide the Traveller with the Agreement, including the Traveller’s accepted preferences and information tailored to Dutch nationality regarding the required travel documents (passports, visas, etc.) and any health-related formalities.

4.3 Travel documents
The Traveller must have the necessary travel documents, such as a passport, visas, vaccination certificates, etc., throughout the Trip. In view of their great importance, the Traveller must check with the official authorities that the information is complete and up to date. Before booking the Trip, the Traveller must check that there is sufficient time to obtain the required travel documents. If the Traveller cannot take or fully complete the Trip due to a lack of the correct travel documents, the costs will be borne by the Traveller. 

4.4 Travel documents
The travel documents (transport tickets, vouchers, etc.) will be sent to the Traveller no later than 14 days before departure, unless the invoice has not yet been paid in full. If the Traveller has not received the travel documents 7 days before departure, they must inform the Organiser immediately.

4.5 Information about insurance
The Organiser draws the Traveller’s attention to the possibility of taking out cancellation insurance and travel insurance. The Organiser may require such insurance if the Traveller was informed of this before booking.

Article 5 - Information provided by the Traveller

5.1 Relevant information about the Traveller(s)
Before booking, the booking Traveller provides all relevant information about the registered Travellers. In particular, information that may affect the health or safety of the Traveller or others. If the information provided is incorrect or incomplete, the Traveller may be excluded from participation. In that case, the Traveller will owe the cancellation costs in accordance with Article 9(2) Cancellation Costs. Other costs will likewise be borne by the Traveller. 

5.2 Reduced mobility, pregnant women and illness
Travellers with reduced mobility and their companions, pregnant women and Travellers with an illness that may affect the Trip must report this to the Organiser when entering into the Agreement or, in any event, as soon as possible after becoming aware of it, in connection with any consequences for the Trip and, in particular, air travel. These Travellers must themselves check with the carrier whether a medical certificate is required in order to travel.  

BEFORE THE TRIP

Article 6 - Payment

6.1 Deposit
When the travel agreement is concluded, the Traveller must pay a deposit of 30% of the travel cost, being the trip excluding international flights. If a minimum deposit is required for certain trips that differs from the amount stated above, the Organiser will clearly state this in the travel offer. In that case, the differing amount will apply as the required deposit. International flights must be paid for in full at the time of booking.

6.2 Balance payment
The balance of the travel cost must be paid no later than 60 days before the start of the Trip. For bookings made within 60 days before the start of the Trip, the full travel cost must be paid immediately after booking.

6.3 Default and interest
If the Traveller does not pay within the agreed period, the Traveller will be in default without any further notice of default being required and statutory interest will be payable on the outstanding amount. 

6.4 Collection costs
The Traveller must pay extrajudicial collection costs if they have not paid within the final payment period specified in a Written reminder. The extrajudicial collection costs are: 15% of the amount claimed up to €2500, 10% of the following € 2500, 5% of the following € 5000 and 1% of the remainder.

6.5 Further consequences of failure to pay
Failure to pay on time may, following a demand for payment, result in HR immediately terminating the travel agreement. In that case, the provisions relating to cancellation by the Traveller shall apply and the amount of the travel sum already paid shall be set off against the cancellation fees.

Article 7 - Substitution

7.1 Conditions and notification
A Traveller may transfer the Trip to another person. The other person must  meet all conditions attached to the Trip. Transfer is only possible insofar as the conditions of the relevant Travel Service Provider permit this. If flights form part of the Trip, transfer of the flight tickets is often not possible. Transfer of the Trip is then possible if new flight tickets are booked at the Traveller’s expense. The Traveller must ask the Organiser to substitute the person no later than 7 days before the Trip.

7.2 Joint and several liability and additional costs
The Traveller and the person taking over the Trip are jointly and severally liable for payment of the travel sum and additional costs arising from the substitution, including amendment costs.

Article 8 - Changes requested by the Traveller

8.1 Change
The Traveller who booked the Trip may ask the Organiser to amend the Agreement. The Organiser is not obliged to do so. The Organiser shall inform the Traveller of the new travel sum. If the Traveller agrees to the cost of the amendment, the new travel sum and amendment costs shall be payable. If the new travel sum is lower than the original travel sum, the difference shall be set off against the amendment costs payable. 

8.2 Change of departure date
Unless the Organiser indicates that this constitutes a rebooking, changing the departure date constitutes cancellation of the existing agreement and the conclusion of a new agreement. The cancellation provisions of Article 9 Cancellation fees shall apply to the cancelled agreement.

Article 9 - Cancellation by the Traveller
9.1 Cancellation 

The Traveller may cancel the booking before the start of the Trip. Cancellation must be made in Writing. The date on which the written cancellation is received shall count as the notification date of the cancellation. 

9.2 Cancellation fees
In the event of cancellation, each Traveller shall owe the following amounts for the Trip:

a. up to 56 days before departure: 25% of the travel sum, or the minimum deposit applicable under Article 6.1;
b. from 55 days to 22 days before departure: 50% of the travel sum;
c. from 21 days to 7 days before departure: 75% of the travel sum;
d. from 6 days up to and including the day of departure: 100% of the travel sum;
e. from the day of departure: 100% of the travel sum.
Different conditions apply to international flights; the booking and cancellation conditions of the relevant airline(s) and/or booked class shall apply. Furthermore, domestic flights in all destinations are excluded from any refund.

9.3 Reduction in the number of Travellers

If the number of Travellers within a single booking is reduced, the Organiser may, at its discretion, charge as cancellation fees:
- the standard cancellation fees referred to in paragraph 2 of this article, or;
- the entire travel sum of the cancelled person minus the cost savings resulting from the cancellation.

9.4 Cancellation in the event of a Disaster
For travel to an area for which a Disaster has been declared by the Calamities Committee of the Calamity Fund, the Traveller may cancel free of charge from three calendar days before departure or, where possible and desired, rebook.

9.5 Cancellation fees for cancellation after a rebooked trip

It may happen that the Traveller and Organiser rebook the trip for a later date. If the Traveller cancels the rebooked trip, the cancellation fees shall at least equal the amount that would have been payable if the cancellation had taken place on the date of rebooking. 

(example: 14 days before the start of the original trip, the trip is rebooked for 1 year later. 6 months before the start of the rebooked trip, the Traveller cancels because they no longer wish to travel. According to Article 9.2, the cancellation fees would amount to 20% of the travel sum. The cancellation fees would amount to 75% of the travel sum if the cancellation had taken place on the date of rebooking. In this case, 75% of the travel sum shall apply as cancellation fees.)

9.6 Travel credits issued as a gesture of goodwill
If a Trip is cancelled by the Traveller and a travel credit is granted as a gesture of goodwill, the following shall apply (unless other conditions are communicated by the Organiser):
- the travel credit must be used within one year of being granted.

- the new trip must have started within two years of the travel credit being granted.
- the travel credit is tied to the Traveller and is non-transferable.
- the travel credit may only be used for the same Trip at a later date.
- if the trip is more expensive at a later date, the price difference will be charged to the Traveller.
- if the Traveller cancels the Trip booked using travel credit granted as a gesture of goodwill, the travel credit will lapse. 

Article 10 - Price changes

10.1 Price changes
The Organiser may increase the travel price up to 20 days before the start of the Trip as a result of price changes in:

- the cost of fuel or other energy sources, or;
- taxes or fees charged by third parties not directly involved in carrying out the Trip. The Organiser may include in the Agreement that it can increase the travel price up to 20 days before the start of the Trip on the basis of changes in exchange rates. The Agreement must include the method for recalculating the price based on the exchange rate.

10.2 Termination by the Traveller
If the price increase amounts to more than 8% of the travel price, the Traveller may terminate the Agreement and will receive a refund of the travel price paid. 

10.3 Price reduction
If the right to increase the price has been agreed, the Traveller has a corresponding right to a price reduction. An administration fee of 30 euros will be deducted from the amount due to the Traveller.

Article 11 - Changes by the Organiser

11.1 Changes
The Organiser may make minor unilateral changes to the Trip before it starts. The Traveller will be informed of this. Should an accommodation no longer be available (for example, because an option has expired between the time of confirmation and receipt of the deposit, or because no options can be placed at a specific accommodation during popular periods), we will always look for comparable or better accommodation that matches the atmosphere, location and quality of the original trip. Our starting point remains that the character of your trip is preserved.

11.2 Significant changes
If necessary, the Organiser may significantly change the main features before the start of the Trip. This also includes offering an alternative Trip. The Traveller may accept the change or terminate the Agreement without paying cancellation fees. Upon termination, the travel price paid by the Traveller will be refunded. The Organiser may set the Traveller a reasonable period within which the Traveller must clearly state their choice. If the Agreement is not terminated within the specified period, the change will be deemed accepted and the right to terminate will lapse.

Article 12 - Cancellation by the Organiser

12.1 Cancellation due to minimum numbers
The Organiser may cancel the Agreement before the start of the Trip if the number of registrations is lower than the minimum number stated in the Agreement and the Traveller is informed no later than:
- 20 days before the start of the Trip for a Trip of 6 days or more.
- 7 days before the start of the Trip for a Trip of 2 to 6 days.
- 48 hours before the start of the Trip for a Trip of less than 2 days. 

12.2 Cancellation due to force majeure
The Organiser may cancel the Agreement before the start of the Trip if the Organiser cannot perform the Agreement as a result of unavoidable and extraordinary circumstances.

12.3 Refund of the travel price paid – no compensation
In the above cases, the Organiser will refund amounts already received within 14 days, and no compensation will be payable. Costs incurred by the Traveller for services outside the Agreement will not be reimbursed, such as vaccinations, visas, purchase of equipment, insurance and, if not included in the Trip, flights, tickets, accommodation, etc..

12.4 Cancellation due to the Traveller
If the Traveller does not meet participation requirements set in advance, or if incorrect or incomplete information about the Traveller has been provided, the Organiser may cancel the Agreement. The Traveller will then owe cancellation fees as set out in Article 9, paragraph 2.  

PERFORMANCE OF THE TRIP

Article 13 – Responsibility & deficiencies

13.1 Proper performance of the Trip
The Organiser is responsible for the performance of the agreed Travel Services, regardless of whether these are performed by the Organiser itself or by another Travel Service Provider. The Organiser must perform the Agreement in accordance with the expectations that the Traveller could reasonably have based on the publications, the Agreement and the circumstances at the travel destinations. 

13.2 Changes to the itinerary and travel times
The Organiser will inform the Traveller of changes to the itinerary. If the Organiser is not aware of the Traveller’s place of stay, the Traveller will only be informed via the email address or mobile telephone number known to the Organiser. 

13.3 Traveller’s duty to report complaints
The Traveller must inform the Travel Service Provider and the Organiser immediately, in accordance with Article 17 Complaints, of any deficiencies or problems in the performance of the Travel Services. 

13.4 Resolution by the Organiser
The Organiser will ensure that deficiencies are remedied. A deficiency does not have to be remedied if this is impossible or would entail disproportionately high costs.

13.5 Compensation
If the failure cannot be remedied, the Organiser (or Travel Service Provider) will consult with the Traveller and may, where appropriate, arrange compensation or an alternative. The Traveller is not entitled to compensation or an alternative if the failure is attributable to the Traveller.

Article 14 – Assistance and support

14.1 Mandatory assistance
The Organiser will provide the Traveller with assistance and support if the Traveller is in difficulty, in particular by providing appropriate information about medical services, local authorities and consular assistance, and by helping the Traveller to use distance communication and find alternative travel arrangements.

14.2 Costs
The Organiser will charge a reasonable fee for the assistance and support if the difficulties arose through the Traveller’s intent or negligence. 

LIABILITY 

Article 15 – Attribution, force majeure and exclusions of liability 

15.1 Attribution & force majeure
The Traveller is not entitled to compensation for loss or damage incurred by the Traveller as a result of a failure attributable to:
a. the Traveller;
b. third parties not directly involved in the performance of the Agreement, where the failure could not have been foreseen or prevented; or
c. unavoidable and extraordinary circumstances.

15.2 Exclusion of liability
The Organiser’s liability for loss or damage is limited to three times the travel sum, unless the loss or damage results from the death or personal injury of the Traveller or was caused by intentional or negligent conduct on the part of the Organiser.

15.3 Exclusion of liability under a treaty or EU regulation
If the Organiser is liable for any loss or damage, including loss or damage resulting from the death or personal injury of the Traveller, such liability will be limited or excluded to the extent permitted under the applicable international treaties and/or EU regulations relating to the individual Travel Services.

15.4 Insured loss or damage
The Organiser is not liable for loss or damage covered by insurance, such as health, travel, event or cancellation insurance.

15.5 Limitation period
Any claim by the Traveller for compensation for loss or damage and any other claims by the Traveller become time-barred two years after the Travel has taken place. If the Travel did not take place, the claim becomes time-barred two years after the scheduled start date.

15.6 Expiry of rights
Without prejudice to the limitation period and the obligation to complain in good time, any claim by the Traveller for compensation for loss or damage will lapse three years after the start date of the Travel.

15.7 No double compensation
The Traveller is not entitled to double compensation. If the Traveller is entitled to compensation under international treaties or EU regulations, the Traveller will not also receive compensation under this Agreement. 

TRAVELLER’S OBLIGATIONS

Article 16 – Traveller’s obligations

16.1 Conduct and compliance with instructions
The Traveller must behave as a reasonable Traveller would and is required to follow all instructions given by the Organiser and the Travel Service Providers. 

16.2 Consequences of non-compliance – exclusion from participation
In the event of non-compliance with instructions or if a Traveller causes a nuisance, the Organiser/Travel Service Provider may partially or completely deny the Traveller further participation in the Travel. The Traveller will then not be entitled to a refund. Any further costs arising as a result will be borne by the Traveller. 

16.3 Warning
Before the Traveller is excluded from participation, the Traveller will first receive a verbal or written warning. A warning is not required if, in view of the circumstances, this would be inappropriate.

16.4 Traveller’s liability and indemnity
The Traveller is liable for loss or damage caused by their conduct, failure to fulfil the obligations in this article or otherwise attributable to them. The Traveller indemnifies the Organiser against claims by Travel Service Providers involved in the Travel, other Travellers or third parties for loss or damage caused by or attributable to the Traveller.

16.5 Checking the return travel time
The Traveller must verify the exact departure time no later than 24 hours before the scheduled start of the return journey.

16.6 Formal health requirements
The Traveller must comply with all health requirements applicable at the destination (and in transit countries). Governments may change these requirements without notice. The consequences of such changes fall within the Traveller’s sphere of risk.

16.7 Measures taken by Travel Service Providers
Travel Service Providers may take all reasonable measures and require Travellers’ cooperation, including to prevent and manage emergencies, limit health risks, prevent damage or comply with government regulations. If the measures or instructions are not followed, the Traveller may be denied the Travel Service and access.

16.8 Use of materials
The Traveller must treat any materials provided with due care. Upon receipt, the Traveller must check these items and report any defects immediately. The Traveller is liable for damage to, loss or theft of the materials made available.

OTHER PROVISIONS

Article 17 – Complaints 

17.1 Information
Before the start of the Trip, the Organiser will provide the contact details for emergencies.

17.2 Reporting on site
If the Traveller believes that the Trip is not being properly carried out, they must immediately report the problem or deficiency to the Travel Service Provider concerned so that it can offer a solution. If the Organiser’s tour representative is present on site, the complaint must also be reported to the tour representative immediately. If there is no tour representative on site, the complaint must also be reported to the Organiser. This report may be made via WhatsApp, by telephone or by email. 

17.3 Communication costs
The Traveller must limit any communication costs, including by using internet calling, WhatsApp and email.

17.4 Reporting an unresolved complaint after returning
All complaints which, in the Traveller’s view, have not been fully resolved or compensated during the Trip must be submitted to the Organiser in writing and with reasons within two months of the Trip. 

17.5 Consequences of failing to report the deficiency or complaint, or reporting it late 
Failure to complain, or failure to complain in good time, in accordance with paragraph 2, ‘Reporting on site’, of this Article may affect the amount of any compensation, unless the Organiser’s interests have not been prejudiced by the late complaint. Complaints received late after returning will not be considered, unless this would not be reasonable in the circumstances.

Article 18 – Other provisions

18.1 Rights of third parties
Subordinates, auxiliary persons and other third parties involved in the performance of the Agreement may invoke the provisions of the Agreement and these Terms and Conditions (including the exclusions of liability) against the Traveller.

18.2 Substitute provisions
If mandatory law prevents a provision in these Terms and Conditions from being valid, or if a provision is annulled, that provision will be deemed to have been converted into a valid provision which, in terms of content and scope, comes as close as possible to the original intention. 

18.3 Applicable law
The offer, the Agreement and the performance of the Agreement are governed exclusively by Dutch law, unless this conflicts with mandatory law. 

If, at the time of booking, the consumer resides outside the Netherlands, the following applies: Despite the choice of law, the consumer is entitled to the protection afforded by the mandatory law of the country in which they reside if (cumulatively):
- the Organiser directed its commercial activities for the agreed Trip towards the country in which the consumer resides, and;
- the agreed travel services are performed partly or wholly in that country.

18.4 Competent court
The court within whose jurisdiction the Organiser’s registered office is located has exclusive jurisdiction to hear disputes concerning the Agreement and matters related to it, unless this conflicts with mandatory law. The Organiser is also permitted to bring proceedings against the Traveller before the court in the Traveller’s place of residence.